Steven W. Ledbetter’s Answers

Steven W. Ledbetter

Venice Probate Attorney.

Contributor Level 12
  1. If there was an agreement between husband and wife, that the wife be president for LIFE, and made during a time of great

    Answered about 3 years ago.

    1. Jason Brian Phillips
    2. David Irving Shiner
    3. Steven W. Ledbetter
    4. Sean Christopher Hayes
    4 lawyer answers

    Officer's of a company have fiduciary duties to the shareholders. You definitely need an attorney. My concern, however, is that you'll need to consider the costs (attorney fees, fractured relationships) vs. benefits or moving forward with this matter. If you are the husband, it may also be a matter for a family law attorney.

  2. My daughter is mentally handicapped since birth and will be turning 18 on September 9th.

    Answered about 3 years ago.

    1. Steven W. Ledbetter
    2. Donna L Otis
    3. Gilbert W. File IV
    3 lawyer answers

    I recommend you file under Florida Statutes, Chapter 393 and not 744. It's less of a proceeding and should cost less. You can get the filing fees waived often and counsel for your daughter will be free also, as she probably qualifies as indigent. Attorney fees for this type of matter are in the neighborhood of $1,250.00. For pro bono legal services in Sarasota County, contact Legal Aid of Manasota, Inc. (www.legalaidofmanasota.com).

  3. Deed transfer

    Answered about 3 years ago.

    1. Lewis Matthew Roberts
    2. Steven W. Ledbetter
    3. Sheryl Ann Edwards
    3 lawyer answers

    A warranty deed so as to not sever the title insurance policy. Note, however, that this deed will do nothing to eliminate the liability of the grantor spouse who signed a promissory note secured by an existing mortgage on the property. I recommend you seek out an attorney for assistance in this matter, as it is quite expensive to fix mistakes concerning real property transfers vs. doing it right the first time.

  4. Existing Florida For Profit Corporation wanting to add DBA

    Answered about 3 years ago.

    1. Daniel J. Rose
    2. Steven W. Ledbetter
    3. Samuel A Houghton
    3 lawyer answers

    Review the statute and sunbiz.org. Don't forget the publication requirement. Also, you'll want a written action or corp. meeting to authorize said action, I imagine.

  5. Can a married couple on the same board assume the role of president and treasurer.and can the other member decide to take over .

    Answered over 3 years ago.

    1. Steven W. Ledbetter
    2. M Daniel Sasso
    3. Kevin John Jussel
    4. Bryant Keith Martin
    4 lawyer answers

    Basic corporate structure and power is as follows: shareholders elect board members...board members appoint officers...so the true power always is held by the majority shareholders. Last, your corporate bylaws (or Operating Agreement for an LLC) should indicate some of the voting procedures. Granted, if you simply did a "quickie" online incorporation instead of using an attorney, you most likely don't know what/if you have either of the above, and that's if you even got a corporate book/...

  6. Did my dad have the right to transfer my contract with him to his wife upon his death?

    Answered over 3 years ago.

    1. Steven W. Ledbetter
    1 lawyer answer

    You definitely need an attorney to consult with as to the proper course of action. I imagine that there are some legal grounds to void the life estate (undue influence; lack of capacity), but you will need proper counsel to pursue this matter, as I imagine there are additional facts necessary to properly provide counsel. Most attorneys will provide either a free initial consult or one for a nominal fee. I suggest you not delay any longer on this matter.

  7. In 50/50 ownership of business, who can make the final decision?

    Answered over 3 years ago.

    1. Keith Dennis Skorewicz
    2. Marshall C Deason Jr.
    3. Steven W. Ledbetter
    3 lawyer answers

    In a properly set up corporation, your bylaws, articles of incorporation, or a shareholder agreement would indicate how these types matters are resolved. If you do not have these documents in place, then you'll have to look at the FL statute. It sounds like you are at odds with your partner, though, and these are not simple matters if you do not have planning/documentation already in place. I highly recommend an initial consult with a Florida licensed attorney to help provide some guidance.

  8. Is my shareholders agreement not enforceable because there's only 2 of us and we have equal shares?

    Answered almost 4 years ago.

    1. Steven W. Ledbetter
    2. Dan W. Armstrong
    3. John Raymond Mentzer III
    4. Steven Alan Fink
    5. David Loh
    5 lawyer answers

    It's enforceable. While agree with the prior posting that you can sue to enforce, that should probably be your last recourse. There is probably a more economical way to part ways and dissolve the company (which is probably the direction you'll have to head if you're considering suing your only partner). I would advise you to get an initial consultation with an attorney to review the agreement and help advise you on how to accomplish your goal(s).

  9. Am I able to use a companies trademark logo to represent services?

    Answered almost 4 years ago.

    1. Marshall C Deason Jr.
    2. Steven W. Ledbetter
    2 lawyer answers

    While I believe you need their permission, I don't think you need to hire an attorney. Just contact them directly to enquire.

  10. What is the proper manner of recording an easement?

    Answered almost 4 years ago.

    1. Marshall C Deason Jr.
    2. Steven W. Ledbetter
    2 lawyer answers

    You raise good questions, and those questions explain the need for licensed Florida real estate attorney. As I'm sure you know, it is more often much more costly to fix a DIY than do it properly with professional help in the first place. It is difficult to fully answer your question, but I will say this, as it applies in many DIY situations and probably to yours: there is never a problem until someone gets angry or the next owner steps into the shoes of an original party. This situation...

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